Federal Court of Australia
JUDGMENT No. svse2 Sal ol Zoe
CATCHWORDS ADMINISTRATIVE LAW - judicial review - decision directing
temporary transfer of an officer of Australian Public Service - decision made under transfer provisions of Public Service Regulations - decision based on allegations of misconduct - whether decision maker could make direction without regard to procedural safeguards for disciplinary action - whether power provides for transfer where decision-maker forms view that there may have been misconduct
ADMINISTRATIVE LAW - judicial review - procedural fairness - decision based on adverse reports of applicant's performance - insufficient opportunity to make representations.
Public Service Act 1922 s.6, s.51A, s.56, s.61, s.63B
Public Service Regulations reg.116A
Ansell _v Wells (1982) 43 ALR 41 Bennett v Commonwealth [1980] 1 NSWLR 581
DR T JAMES v_ BRIAN MacDONALD
No. NG 633 OF 1994 RECEIVED 25 OCT 1994 FEDERAL COURT OF
Sackville J. pAb
21 October 1994 Sydney.
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No.NG 631 of 1994 GENERAL DIVISION )
BETWEEN:
DR BART JAMES
Applicant AND: BRIAN MacDONALD Respondent CORAM: SACKVILLE J. PLACE : SYDNEY DATE : 21 October 1994
MINUTES OF ORDER
THE RT ORDERS THAT:
1. The decision of the respondent be set aside.
2. The matter be remitted for further determination according to law.
3. The respondent pay the applicant's costs.
Ne : Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 631 of 1994 GENERAL DIVISION )
BETWEEN:
DR BART JAMES
Applicant
AND:
BRIAN MacDONALD
Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 21 OCTOBER 1994
INS _ FOR NT
Introduction
The applicant is an officer in the Australian Public Service ("the Service") employed under the Public Service Act 1922 ("the Act") as a Veterinary Officer, Class 2. At alli relevant times he was employed within the Australian Quarantine and Inspection Service ("AQIS") as Veterinary Officer in Charge at the Casino Abattoir. AQIS is administered through the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate